DARSHANLAL KATARIA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard with the aid of case diary.

(2.) This is first application of the applicant Darshanlal Kataria under Section 439 Cr.P.C. for grant of bail in connection with Crime No.13/2017 registered at Police Station S.T.F., Distt. Bhopal (M.P.) for the offence punishable under Sections 420 , 467 , 468 , 471 and 120-B of the IPC.

(3.) As per prosecution case, land bearing survey Nos.188/5 area 0.037 hectare, 188/6 area 0.126 hectare, 189/1 area 0.559 hectare, 189/2 area 1.369 hectare, 197 area 0.922 hectare and 198/2 area 0.836 hectare situated at village Panda, Tehsil Mhow, Dist. Indore were sold by firm Vikram Construction in the year 1994 through Harish Balwani, resident of Prem Nagar, Indore to Smt. Kusumlata and Ramesh Chandra Mittal by the registered sale deed and same were mutated in the name of Smt. Kusumlata and Ramesh Chandra Mittal in the revenue records and same was recorded in the revenue records in their names from the year 1997-98 till 2005. In the year 1998, Smt. Kusumlata and Ramesh Chandra Mittal sold that land to Issar Construction, the sister concern of Golden Forest India Limited. However, due to inadvertence, the said lands could not be mutated in the name of Issar Construction. It is alleged that the applicant Darshanlal Kataria and other co-accused Shyamlal Khurana and Jai Singh Thakur, who had the knowledge of the said transaction, to take the advantage of the fact and hatching criminal conspiracy with the earlier owner of Vikram Construction got the same land mutated again in the name of Vikram Construction through Harish Balwani in the year 2001-2002 and built a company Nexus Buildcon. Thereafter, on 26/5/2013 applicant got the registered sale deed of the said land executed from Vikram Construction through Harish Balwani and got the same mutated in the name of Nexus Buildcon in connivance with revenue officials and other co-accused persons in a fraudulent and surreptitious manner and thus the applicant is said to have committed fraud in connivance with the other co-accused persons.